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Require Prohibited People to Turn in Their Guns

Solutions

Require Prohibited People to Turn in Their Guns

What does it solve?

Requiring people to turn in their guns when they become legally prohibited from having them helps keep guns out of the wrong hands. Under federal law, there is no affirmative requirement that people who are prohibited from having guns turn in firearms that they already have.

This makes it easy for felons, domestic abusers, and other people who would otherwise fail a background check to keep their guns. Ensuring that firearms do not remain in the hands of those who are legally prohibited from having them helps enforce our laws that prohibit people with dangerous histories from being armed.

Which states require prohibited domestic abusers to turn in any guns after a conviction?

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

Alabama has not adopted this policy

Alaska has not adopted this policy

Arizona has not adopted this policy

Arkansas has not adopted this policy

California has adopted this policy

Does the state bar the surrender of firearms to third parties?
Yes

Colorado has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Connecticut has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Delaware has not adopted this policy

Florida has not adopted this policy

Georgia has not adopted this policy

Hawaii has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Idaho has not adopted this policy

Illinois has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Indiana has not adopted this policy

Iowa has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Kansas has not adopted this policy

Kentucky has not adopted this policy

Louisiana has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Maine has not adopted this policy

Maryland has adopted this policy

Does the state bar the surrender of firearms to third parties?
Yes

Massachusetts has adopted this policy

Does the state bar the surrender of firearms to third parties?
Yes

Michigan has not adopted this policy

Minnesota has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Mississippi has not adopted this policy

Missouri has not adopted this policy

Montana has not adopted this policy

Nebraska has not adopted this policy

Nevada has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

New Hampshire has not adopted this policy

New Jersey has adopted this policy

Does the state bar the surrender of firearms to third parties?
Yes

New Mexico has not adopted this policy

New York has adopted this policy

Does the state bar the surrender of firearms to third parties?
Yes

North Carolina has not adopted this policy

North Dakota has not adopted this policy

Ohio has not adopted this policy

Oklahoma has not adopted this policy

Oregon has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Pennsylvania has adopted this policy

Does the state bar the surrender of firearms to third parties?
Yes

Rhode Island has adopted this policy

Does the state bar the surrender of firearms to third parties?
Yes

South Carolina has not adopted this policy

South Dakota has not adopted this policy

Tennessee has adopted this policy

Does the state bar the surrender of firearms to third parties?
No

Texas has not adopted this policy

Utah has not adopted this policy

Vermont has not adopted this policy

Virginia has not adopted this policy

Washington has not adopted this policy

West Virginia has not adopted this policy

Wisconsin has not adopted this policy

Wyoming has not adopted this policy

Myth & Fact

Myth

Relinquishment laws are just an elaborate way for the government to confiscate guns.

Fact

Relinquishment laws simply enforce existing laws that prohibit certain categories of people with dangerous histories from having guns. If a person is subsequently allowed to have guns again—for example, because they are no longer under a prohibiting restraining order—they can get back the guns they turned in.

How it works

Keep guns out of the wrong hands.

Requiring people prohibited from having guns to turn in the guns they already own simply enforces existing laws. Federal and state laws already provide that certain categories of people, for example, felons and domestic abusers, cannot have firearms.118 U.S.C. § 922(g) Background checks are essential to making sure these people cannot buy new guns. But it is equally important to make sure that they cannot hold onto the guns they already have.

Although federal law prohibits several categories of people with dangerous histories from having firearms,218 U.S.C. § 922(g) it does not affirmatively require firearms to be turned in once a person becomes prohibited nor does it set forth a process for them to do so. It is up to the states to make sure that prohibited people actually turn in their guns. The process typically involves state and local courts and law enforcement.

A strong relinquishment law includes a swift timeline and requires a prohibited person to turn in their gun(s) to law enforcement or a licensed firearms dealer. It also allows law enforcement to seek a warrant and seize firearms that are not promptly turned in and requires any purchase or carry permits to be turned in. Technological infrastructure to identify gun owners in real-time as they are convicted or otherwise become prohibited and funding for personnel to remove guns if they are not turned in voluntarily are also essential for successful gun removal programs.

By the numbers

Survivor Story

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